People v Stevens, Edward L.
Motion No: 2017-13445
Slip Opinion No: 2020 NY Slip Op 66718(U)
Decided on June 1, 2020
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271076

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

PAUL WOOTEN, JJ.

2017-13445

The People, etc., respondent,

v Edward L. Stevens, appellant.

(Ind. No. 105/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with additional transcripts to aid in the preparation of a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered November 9, 2017, and to extend the time to serve and file the supplemental brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated July 25, 2018, which granted poor person relief to the appellant, is amended to include a direction to the Court reporter to make, certify, and file two transcripts of the stenographic minutes, if they are available, of the proceedings which occurred on January 24, 2015, January 26, 2015, April 24, 2015, May 22, 2015, January 14, 2016, February 2, 2016, September 20, 2016, December 6, 2016, January 17, 2017, May 9, 2017, and May 30, 2017; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the clerk of the trial court is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of the Court, or her designee, is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken, and shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that upon delivering the minutes to the institution, the Clerk of the Court, or her designee, shall advise the appellant of the date by which the minutes are to be returned and the pro se supplemental brief filed.

RIVERA, J.P., CHAMBERS, AUSTIN and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court